Listen Now: 
The Waitangi Tribunal has called for an immediate halt to the Regulatory Standards Bill after an urgent hearing. Advocacy group Toitū te Tiriti had warned the Bill would be clear breach of the Treaty. In its interim report released today the Tribunal has said: “This interim report concerns the proposed Regulatory Standards Bill. This policy derives from the commitment in the New Zealand National Party–ACT New Zealand Coalition Agreement to pass, as soon as practicable, a Regulatory Standards Act to ‘improve the quality of regulation’. This Act would introduce several principles of ‘good law-making’ by which future legislation and regulation would be measured. There is also provision in the proposed Bill for prior regulation and legislation to be examined for consistency with these
principles.Broadly, the claimants have two major concerns with the Regulatory Standards Bill. First, they claim that the process through which the Regulatory Standards Bill policy was developed breached the principles of te Tiriti o Waitangi/the Treaty of Waitangi due to inadequate engagement with Māori. Secondly, they argue that if introduced, the Regulatory Standards Act would create a ‘regulatory constitution’ that undermines te Tiriti/the Treaty.These issues are the focus of this interim report.”
“When the application for this urgent inquiry was granted on 28 April 2025, the Tribunal had little information on the timeline for the drafting and introduction of the Regulatory Standards Bill to the House. We note that the Crown had consistently opposed the claimants’ application for urgency, arguing that an urgent inquiry was ‘premature’ on the basis that the Regulatory Standards Bill policy was not yet developed enough to constitute a proposed policy of the Crown”
“The 5 May Cabinet Minute records that Cabinet noted that the Waitangi Tribunal had scheduled a hearing in relation to the proposed Bill for 6 June 2025, when agreeing that the paper seeking approval to introduce the Bill, along with the proposed Bill, would proceed directly to Cabinet for consideration on 19 May 2025. At our hearing, the panel. questioned both claimant and Crown counsel on the implications of Crown conduct with regards to the principle of comity. Counsel for the claimants submitted that this conduct does not demonstrate the respect that the Crown/Executive ought to have for the Tribunal. Counsel for the Crown submitted that it was not clear if the principle of comity applied to the Crown-Tribunal relationship, or indeed, whether it had been violated in these
circumstances. The case law records that while comity is typically formulated as operating between the judicial and legislative branches of government, the Tribunal is not easily located within the judicial branch. The Tribunal is a commission of inquiry and its role is defined in statute.32 The case law further records that where comity applies, it is a two-way street.”
“These developments mean the Tribunal is likely to lose jurisdiction to report on the afternoon of 19 May, once Cabinet has met to approve the Bill’s introduction.”
“We agree with the claimants that the Bill, if enacted, would be of constitutional significance. We agree with Professor Geddis on this point – see above at. Though non-binding in nature, the legislative design principles seek to influence the way Parliament makes law or amends existing law, and how regulation is made and administered. It is therefore a
statute of a constitutional nature. However, in the absence of a fully drafted Bill, and more information about the operation of the Bill and the ways in which the legislative design principles will be interpreted, we also support Crown counsel’s statement that the Act’s impacts are uncertain. It is our view, however, those impacts, which will undoubtedly be felt in the law-making and policy space, are constitutional in nature, and inherently relevant
to Māori – just as was indicated in official advice to the Minister in September 2024. The Crown therefore has an obligation to embark upon targeted consultation with Māori, in good faith, before any such legislation is introduced to the House.”
“In our analysis above, we found that the Crown breached the Treaty/te Tiriti principles of partnership and active protection by failing to meaningfully consult with Māori before Cabinet took significant decisions as to the content of the proposed Regulatory Standards Bill on 5 May 2025. We also found that proceeding to enact the Regulatory Standards Act without consulting meaningfully with Māori would breach te Tiriti/Treaty principles of partnership and active protection. The Crown would be in breach of these same principles should it introduce the
proposed Regulatory Standards Bill to the House without such meaningful consultation.”
More to come the report can be found here
RELATED NEWS
